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1
Friedman, James. "Arendt in Jerusalem, Jackson at Nuremberg: Presuppositions of the Nazi War Crimes Trials." Israel Law Review 28, no. 4 (1994): 601–25. http://dx.doi.org/10.1017/s0021223700011778.
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In 1961 the government of Israel brought criminal charges in Jerusalem against Adolf Eichmann, a former Obersturmbannfuher (Lt. Col.) in the S.S. Eichmann's name had frequently come up at the Nuremberg trials, as he had overseen the substantial task of transporting European Jews to Nazi concentration and death camps during the war. However, he was never tried at Nuremberg because he had evaded capture by allied armies and begun a new life in Argentina. In 1961 the Mossad, the Israeli intelligence agency, kidnapped Eichmann and brought him to Israel to stand trial. Given Eichmann's notoriety, and the rather unusual way in which Israel obtained in personam jurisdiction over him, it was not surprising that the trial received world-wide attention.In Jerusalem Eichmann was charged with violations of the Nazi and Nazi Collaborators (Punishment) Law of 1950.
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Mertens, Thomas. "Memory, Politics and Law – The Eichmann Trial: Hannah Arendt's View on the Jerusalem Court's Competence." German Law Journal 6, no. 2 (February 1, 2005): 407–24. http://dx.doi.org/10.1017/s2071832200013717.
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When the true scale of what would later be called ‘crimes against humanity', ‘genocide’ and, specifically, ‘the Holocaust’ became clear in the aftermath of the Second World War, a number of questions were raised. First, is this a new type of crime, in which evil manifests itself in a radically different way than it had earlier? Some disputed this. Evil exists at all times and it has always confronted people with an abyss of atrocities. With Rawls, one might then say that every ‘great evil’ is sufficient in itself and that making comparisons is not necessary, even if the Holocaust cannot be detached from earlier ravages of evil such as the Inquisition and antisemitism. Others thought this question ought to be answered positively. Adorno and Levinas formulated their philosophies in part as a response to the unique character of the Holocaust. Even now, more than a half a century later, the events associated with the Holocaust form a rich source for public debate, scientific inquiry and literary expression. Secondly, the question has been raised as to how one is to cope with this modern form of political evil and with a new type of criminal offender. Some argued in favour of the familiar recourse to politics and international law. Specifically, political crimes ought either to be dealt with politically or to be considered in the light of the principle of international law: par in parem non habet jurisdictionem. So, ordinary criminal law is not applicable where the mutual conduct of states is concerned. Others, however, including the Allied governments in the period immediately following the termination of hostilities, argued that these crimes were such that punishment would be inevitable. This might give rise to legal problems, but these crimes ought to be dealt with to the extent possible by means of ordinary criminal procedure.
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Boutlas, George. "Führerprinzip or 'I Was Following Orders' in Jus in Bello Era." Conatus 8, no. 2 (December 31, 2023): 77–93. http://dx.doi.org/10.12681/cjp.35677.
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In June of 1945, the International Military Tribunal (ITM) formed in London, faced the problem of a non-yet existing legal armor for the Nazi crimes. Two new rules were widely accepted there. First, a new category of war crimes, the “crimes against humanity” was legally defined. Second, the ex-ante rejection of the defense line “I was following orders” or Führerprinzip (the principle of the duty to obey every order given by the military leader). In the first part of this paper, I will present in brief, the historical and legal context of the rejection of Führerprinzip as a defense line of the Nazi defendants in Nuremberg trials as also in Eichmann’s trial in Jerusalem, where the same legal context was enacted. Next, I will expose a short history of conscientious objection in war ethics and the International Law on Human Rights that supports it. This exposition reveals that objection to criminal orders has the status not only of a right, but also of a duty for the soldiers on either side of the war. In the third part, the Rawlsian view on conscientious objector will be exposed as the meeting point of a broadly Kantian conception of war ethics and the existing International Law frame. In the final part I will present some philosophical aspects of jus in bello theory, as also the critique of its importance, and its contribution to the reification of the moral importance of conscientious objection in wartime and the rejection of Führerprinzip.
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Braithwaite, John. "Many Doors to International Criminal Justice." New Criminal Law Review 23, no. 1 (2020): 1–26. http://dx.doi.org/10.1525/nclr.2020.23.1.1.
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Responsibilities to protect and prevent elite crimes are best energized by enforcement that walks through many doors. Effective deterrence is rarely delivered by the International Criminal Court. Yet deterrence is possible when it patiently cumulates through many doors. Likewise truth, justice, and reconciliation can achieve little through one door and much through many. Opening more doors to the complexly cross-cutting character of survivor guilt with mass atrocities can better open possibilities for future prevention and reconciliation than simply doors to courtrooms that find a criminal on one side of complex sequences of atrocity. The Nuremberg and Tokyo War Crimes Trials opened quickly after World War II. They did not prove to hold keys to truth and reconciliation for Germany until the Eichmann trial finished in Jerusalem in 1962. Why? Still today, non-confession by the U.S. to Hiroshima/Nagasaki as war crimes has meant truncated Japanese reconciliation. Different kinds of doors are needed with crimes like the Dresden and Tokyo fire bombing, the rape of Nanjing and the “comfort women” issue. These have included citizens tribunals, truth commissions, and indigenous justice in cases like Bougainville that rejected the truth commission model. When we reflect upon door diversity, transitional justice turns out not to be very focused on justice or international criminal law, and not to be at all transitional, but rather a maze of doors to justice of diverse kinds that open or close across the longue durée (as developed in the work of Susanne Karstedt).1
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Ben-Nun, Gilad. "Victor’s Justice? Cultural Transfer and Public Imagery from Nuremberg to The Hague." Pólemos 13, no. 1 (April 24, 2019): 7–24. http://dx.doi.org/10.1515/pol-2019-0002.
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Abstract At the heart of this paper lies the perennial problem of the legitimacy of tribunals judging war criminals and the role of public imagery in countering Victor’s Justice challenges. The paper follows along the paths of components of the cultural transfer from Nuremberg and Tokyo international tribunals (1946–1948) for the prosecution of war criminals post World War II through the Eichmann trial in Jerusalem (1961) to the International Criminal Tribunal for the former Yugoslavia in The Hague (1993), focusing on two specific ‘carriers’ of this cultural transfer: “Law” and “Architecture.” By Law, I mean the copying and re-application of similar legal procedures, the active participation of certain people within two of the three instances, and even the carrying forward of physical pieces of evidence from one trial to another. By Architecture, I mean the actual construction of the trial chamber in all three places. The location of the judges’ bench, the defendants’ dock, the witnesses stand, and the inter-relational architectural flow which became characteristic of each of these Lieux de Justice. In terms of public imagery, important counter measures to Victor’s-Justice claims also included the ample facilitation of journalist coverage, the provision of full translation services for the defendants (countering claims of linguistic non-misunderstanding), and the holding of the defendants in humane conditions of incarceration, in a somewhat deliberate juxtaposing countenance to their own crimes which habitually included concentration camps and harshly inhumane incarceration facilities. The paper concludes with a recalibration of Hannah Arendt’s mistaken claim vis-à-vis Eichmann, in contrast to her important understandings concerning the banality of evil.
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Jamshed, Jibran, and Faiz Bakhsh. "Pakistan's War on Drugs: Examining the Integral Contributions of Police and Prosecution in Narcotics Trials." Current Trends in Law and Society 3, no. 1 (November 22, 2023): 62–75. http://dx.doi.org/10.52131/ctls.2023.0301.0017.
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This research aims to conduct a comprehensive analysis of police and prosecutors' roles in enforcing narcotics crime laws in Pakistan. The study focuses on examining police and prosecutors' demands and delves into the obstacles they encounter, presenting viable solutions. Obstacles encountered include the non-attendance of police witnesses, a majority of whom are occupied with their superiors, leading to prolonged prosecution processes. The modus operandi in narcotics convictions is noted for its effectiveness, underscoring the need for strategic countermeasures. To address these challenges, prosecutors engage in knowledge-sharing meetings among law enforcers and related agencies, fostering unity in perceptions regarding narcotics crime cases. Additionally, management improvements are implemented to minimize opportunities for narcotics crime occurrence. The study emphasizes the critical role of police and prosecution practices in mitigating the root causes of narcotics crime, showcasing a holistic approach to law enforcement in the context of Pakistan.
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Capper, Brian J. "Holy community of life and property amongst the poor:." Evangelical Quarterly 80, no. 2 (April 30, 2008): 113–27. http://dx.doi.org/10.1163/27725472-08002002.
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This article explores the origins of the earliest Jerusalem believers’ communal lifestyle (Acts 1:13-14; 2:42-47; 4:32-5:11; cf. 6.1-6). Jesus’ example and authority sanctioned community of life and property. Wealthy supporters made benefactions (Luke 8:1-3) to his travelling party’s shared purse. Jesus’ group financed from their common purse support for the poor, common meals and other needs (John 6.5-7; 12:4-6; 13:29). Ideals of holiness and complete consecration dominated ancient Judaea more than Galilee. Highly dedicated service to God in common life amongst the poor had originated as a Judaean response, amongst the Essenes, to the harshness of agrarian subsistence economy. The verb nosphizomai, used of Ananias’ crime in Acts 5:2-3, means ‘embezzle, misappropriate’; Peter’s reference to Ananias’ sale of property (5:4) may reflect the Hebrew verb makar in its root sense ‘hand over’. Ananias’ property-surrender, which was only provisional, reflected both the Essene novitiate (1QS 6.13-23, cf. Josephus, Jewish War 2.8.7 §§137-142) and the nascent Church’s associations with Jerusalem Essenism.
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Bastrykin, Aleksandr. "Preparation for the Khabarovsk War Crime Trials and Its Significance for International Law." Journal of Foreign Legislation and Comparative Law 18, no. 1 (November 28, 2022): 1. http://dx.doi.org/10.12737/jflcl.2022.011.
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Jaroszek, Małgorzata. "Katyn – Golgotha of the East." Łódzkie Studia Teologiczne 31, no. 1 (April 7, 2022): 141–51. http://dx.doi.org/10.52097/lst.2022.1.141-151.
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Poland has experienced two cruel systems. One of them was fascism, symbolized by the German Nazi concentration camps at Auschwitz-Birkenau. The second one was Stalinism, Katyn will remain its symbol forever. For over 50 years, no other issue in Polish-Soviet relations was as concealed as the Katyn massacre. In this essay, I will talk about the genocide in 1940 on 22,000 Poles (soldiers and civilians), investigations in this matter, and the fight for the truth. Everyone knew that any public statement about this crime could have significant consequences, such as dismissal from work or school expulsion. The Katyn genocide was a war crime that was first concealed and then distorted for the longest time. It can be said that it was a crime against the Polish nation.For many years, the press, radio, and television did not talk about it. On April 13, 2020, Polish people celebrated the Katyn Massacre Remembrance Day. In the spring of the year 1940, during two months in and around Katyn (currently in Russia), executioners from the NKVD, ordered by the Soviet authorities, murdered 21,857 prisoners of war with a shot in the back of the head. NKVD-People’s Commissariat for Internal Affairs was the interior ministry of the Soviet Union. This enormously evil deed of the Bolsheviks is called the Golgotha of the East. Golgotha is a place near Jerusalem where convicts were executed. Christians believe that Jesus Christ was crucified in this place. Similarly, innocent Polish officers were killed at this place of execution. The name of the crime comes from the village of Katyń near Smolensk, where victims were murdered and buried.
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Šimić, Goran, and Amila Ferhatović. "PARAMILITARY AND WAR CRIMES COMMITTED IN BOSNIA AND HERZEGOVINA / PARAVOJNE JEDINICE I RATNI ZLOČINI POČINJENI U BOSNI I HERCEGOVINI." Pregled: časopis za društvena pitanja / Periodical for social issues 64, no. 1 (September 29, 2023): 3–17. http://dx.doi.org/10.48052/19865244.2023.1.2.3.
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The last armed conflict in Bosnia and Herzegovina, which took place between 1992 and 1995, was a bloody one. Not only was lots of real blood were spilled, but metaphorically speaking, it resulted in millions of displaced persons, hundreds of mass graves, hundreds of places of detention, hundreds of thousands of prisoners of war, hundreds of thousands of tortured and destroyed lives. During the aftermath of the war, around 700 war crime cases were prosecuted, spanning one thousand defendants, and including all possible war crimes, including genocide. These war crime trials could be observed from different perspectives. While most of these crimes were committed by soldiers and police officers, among those who were not soldiers or police officers, one category is to be particularly observed, the paramilitary. Members of the paramilitary, not soldiers or civilians, according to the database of war crimes, were charged in some 5% of all war crimes cases. But then, if these persons are not soldiers or civilians, the question is who were they, and why they do what they did? Furthermore, what interest did they have in behaving in a way that is characterized as criminal, more precisely, a war crime. Among number of the war crimes committed by the paramilitary groups in Bosnia and Herzegovina, this paper will analyze ones including most serious crimes and those of most significance. By doing that, this paper will contribute to the better understanding of the position and behavior of the paramilitary groups involved in committing war crimes, further legal regulation of their position, and social understanding of the nature of paramilitary forces in and after the armed conflict.
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Jockusch. "Justice at Nuremberg? Jewish Responses to Nazi War-Crime Trials in Allied-Occupied Germany." Jewish Social Studies 19, no. 1 (2012): 107. http://dx.doi.org/10.2979/jewisocistud.19.1.107.
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CHETAIL, VINCENT. "Is There any Blood on my Hands? Deportation as a Crime of International Law." Leiden Journal of International Law 29, no. 3 (July 28, 2016): 917–43. http://dx.doi.org/10.1017/s0922156516000376.
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AbstractThe present article revisits international criminal law as a tool for sanctioning the most patent abuses against migrants. Although deportation is traditionally considered as an attribute of the state inherent to its territorial sovereignty, this prerogative may degenerate into an international crime. The prohibition of deportation has been a well-established feature of international criminal law since the Nuremberg trials following the Second World War. This prohibition has been further refined over the past 15 years by an extensive jurisprudence of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court.Against such a background, this article demonstrates that, in some circumstances, deportation may amount to a war crime, a crime against humanity or even a crime of genocide, depending on the factual elements of the case and the specific requirements of the relevant crime. This article accordingly reviews the constitutive elements of each crime and transposes them into the context of migration control. It highlights in turn that, although its potential has been neglected by scholars and practitioners, international criminal law has an important role to play for domesticating the state's prerogative of deportation and infusing the rule of law into the field of migration. The article concludes that there are reasonable grounds for asserting that a crime against humanity would have been committed in the Dominican Republic and Australia with regard to their deportation policy.
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Zajkowska, Milena. "Przestępczość kobiet na ziemiach polskich w XIX i XX w." Miscellanea Historico-Iuridica 19, no. 2 (2020): 217–40. http://dx.doi.org/10.15290/mhi.2020.19.02.11.
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The aim of the article is to present how women's crime has evolved over the years, whether it has changed or whether it has looked similar in each period. The story is divided into three periods, women's crime up to 1918, 1918-1939, and 1946-1989, because socio-economic changes in those times were so important that they certainly influenced society. The study presents, as far as possible, trends, structure and dynamics of crime, and also discusses crimes characteristic of women. A paper shows what was characteristic of crime in particular periods, how economic changes affected society and which crimes were most frequently committed by women. The picture of women's crime from antiquity to 1989 is analysed using official data (crime statistics, court statistics), as well as stories of individual cases, such as witchcraft trials, medieval cases of women accused of adventurism, or the most famous murder in the interwar period - the case of Rita Gorgonowa. The article presents, as far as possible, a historical picture of women's crime, using various sources. Materials from before the Second World War, and even from the 19th century were used and also the scientific works of the most eminent criminologists of the time. The article was enriched with statistical data from the Ministry of Justice and pre-war statistical yearbooks. This paper uses three research methods, a dogmatic method, literature analysis and the analysis and interpretation of statistical data in order to present a picture of women's crime in those times as best as possible.
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Mohan, Mahdev. "Schisms in Humanitarianism – The Khmer Rouge Tribunal's First Hearing." Asian Journal of Comparative Law 4 (2009): 1–29. http://dx.doi.org/10.1017/s2194607800000442.
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AbstractMass atrocity invokes humanitarian impulses in all of us. But when a genocidaire casts himself as a victim, the right response is less straightforward. This article analyzes a recent hearing of one of Cambodia's most feared Khmer Rouge cadres who stands trial before a newly established hybrid tribunal and suggests the consequences of responding to war crime trials with polemics rather than principle.
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Johnson, Kishor. "A Scientific Method to the Madness of Unit 731’s Human Experimentation and Biological Warfare Program." Journal of the History of Medicine and Allied Sciences 77, no. 1 (December 13, 2021): 24–47. http://dx.doi.org/10.1093/jhmas/jrab044.
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Abstract The Japanese Imperial Army Unit 731’s Biological Warfare (BW) research program committed atrocious crimes against humanity in their pursuit of biological weapons development during the Second World War. Due to an American cover-up, the details behind Unit 731’s human experimentation were slow to be revealed. The recent literature discloses the gruesome details of the experiments but characterizes the human trials as crude in nature. Further, there is a lack of clarity as to how human trial results were extrapolated for use in real world missions. Through an examination of testimony from the Soviet Union’s Khabarovsk War Crime Trials, this paper argues that Unit 731’s inoculation and airborne warfare experiments on prisoners of war were scientifically rigorous. The scientific method is used as the basis against which the scientific rigor of the experiments is tested. The paper reveals that the successes and failures of the human trials were extrapolated to BW missions during the Sino-Japanese war. American researchers’ expectations of BW data were fulfilled, thus paving the way for an immunity deal. Ethical standards in medicine before WWII were not well established, but wartime medical practices and experimentation reveal the context in which the pursuit of scientific knowledge has no boundaries.
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Ristić, Katarina. "Re-enacting the past in TV news on war crime trials: A method for analysis of visual narratives in archival footage." Media, War & Conflict 13, no. 4 (May 8, 2019): 448–67. http://dx.doi.org/10.1177/1750635219846857.
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This article provides a method for the analysis of the visual narratives present in the archival footage in programs of TV news, based on an analysis of TV news on war crime trials transmitted by Serbian TV stations. The archival footage in TV news presents specific claims as to an understanding of the trials, as it is assumed to present the ‘reality’ of war, re-enacting the past and eliciting viewers’ emotions. The author argues that the visual narratives emerging from the selection and editing of archival footage create specific meanings of the past, and provide a method for their analysis, applying social semiotic multimodal analysis and drawing on structural narrative analysis. The patterning of the visual narratives in the archival footage contributes to the creation of an artificial memory of war, signaling a particular version of the past within the preferred meaning of a TV news channel. The main advantage of this method is that it enables a systematic analysis of visual narratives in the archival footage, revealing the ideological work of sign-makers embedded in the visual structure.
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Gurda, Vedad, Dževad Mahmutović, and Maja Iveljić. "The post-Dayton search for justice: War crimes trials in Bosnia and Herzegovina before competent courts." Historijski pogledi 4, no. 6 (November 15, 2021): 250–82. http://dx.doi.org/10.52259/historijskipogledi.2021.4.6.250.
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The armed conflicts in Bosnia and Herzegovina in the period from 1992 to 1995, which ended with the conclusion of the so-called The Dayton Peace Agreement was marked by serious violations of fundamental human rights and freedoms and the commission of horrific war crimes. Prosecution of defendants for these crimes takes place at several levels, ie before: a) the International Criminal Tribunal for the Former Yugoslavia (ICTY), b) domestic courts and c) courts of certain foreign states. The paper analyzes certain indicators related to the prosecution of these crimes, their scope and structure, as well as the ratio of convictions and acquittals for certain war crimes, the scope of application of conventional and summary forms of ending criminal cases and court policy of sanctioning perpetrators. It was learned that by the end of 2020, hundreds of criminal proceedings against approximately a thousand defendants had been completed. Most of the accused were prosecuted before the Court of Bosnia and Herzegovina (Court of B&H), followed by the ICTY, and a slightly smaller number before the courts of the former SFRY and some Western European countries. The research established that before the ICTY, out of the total number of accused for war crimes committed in Bosnia and Herzegovina, as many as 90.2% were convicted of some of these crimes, while the rate of convicted in relation to accused before the Court of B&H was 67.2% , and before the courts in the Republic of Serbia 70.2%. It is interesting that before the ICTY as many as 24.3% of the accused were convicted in summary proceedings on the basis of a plea agreement, while before the Court of B&H 13,3% of the accused were convicted using a plea bargaining as a consensual model for ending criminal cases. So far, 22 people have been convicted of the crime of genocide as the most serious crime before the ICTY, the Court of B&H and German courts, and all convictions related to the activities of the Army of Republika Srpska during the war in Bosnia and Herzegovina. Court of B&H, inherited a relatively mild policy of punishing war crimes. Finally, it was found that certain courts, especially Court of B&H, inherited a relatively mild policy of punishing war crimes.
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Griesser Pečar, Tamara. "Značilnosti revolucionarnega sodstva." Dileme : razprave o vprašanjih sodobne slovenske zgodovine 1, no. 1-2 (December 2017): 119–38. http://dx.doi.org/10.55692/d.18564.17.5.
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In totalitarian countries, everything is subordinated to a certain ideology and dictator or party. The powers of the state are unified. Crime is part of the system. Violations of human rights occur daily. Strong political police forces are present. An effective method of repression are politically motivated trials (or show trials); their purpose is to eliminate actual and alleged enemies and to intimidate people. The trials are only seemingly being carried out in accordance with legal norms. In reality, their course and outcome are dictated either by the dictator or the party. During the Second World War, the Kočevje trial took place. It served as an example for all post-war show trials in Slovenia. It was not carried out in accordance with legal norms: in the investigation and the actual trial, human rights were violated, only witnesses and evidence that incriminated the accused were considered, the indictment was issued too late which prevented the accused from preparing their defence, the defending counsels faced a conflict of interests, the judges were lay judges. Additionally, the court in Kočevje had no legal basis since the Kingdom of Yugoslavia still existed at the time.
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Mišković-Luković, Mirjana, and Mirjana N. Dedaić. "The discourse marker odnosno at the ICTY: A case of disputed translation in war crime trials." Journal of Pragmatics 44, no. 10 (August 2012): 1355–77. http://dx.doi.org/10.1016/j.pragma.2012.06.013.
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Tobia, Simona. "Questioning the Nazis: languages and effectiveness in British war crime investigations and trials in Germany, 194548." Journal of War & Culture Studies 3, no. 1 (May 2010): 123–36. http://dx.doi.org/10.1386/jwcs.3.1.123_1.
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Bill, Brian J. "THE RENDULIC ‘RULE’: MILITARY NECESSITY, COMMANDER'S KNOWLEDGE, AND METHODS OF WARFARE." Yearbook of International Humanitarian Law 12 (December 2009): 119–55. http://dx.doi.org/10.1017/s1389135909000051.
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AbstractUnlike most other areas of international law which address only State responsibilities, the law of war assigns to individuals the responsibility to observe positive rules. The threat of being charged with a war crime, with all the attached opprobrium, is the chief means by which observance of the law of war is ensured. No one could rightly argue that war crimes prosecutions, even if they were always effectively prosecuted – and they are not – ensure perfect compliance with the law, but they are the best mechanism devised to date. Although war crimes trials has earlier antecedents, the prosecutions following World War II marked the beginning of the modern war crimes model.World War II prosecutions were notable for the scale of atrocities alleged in the various indictments. Once the crimes were defined, and the architecture put in place to establish the various tribunals, proof of wrongdoing was rarely in doubt. There were expected legal issues to be sure: claims ofex post factocrimes, immunities for acts of state, and the defense of superior orders, among many others; but in general prosecutors fully expected convictions across the board. And many convictions did result, though there were several exceptions that resulted in full or partial acquittals.
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Kiper, Jordan, Yeongjin Gwon, and Richard Ashby Wilson. "How Propaganda Works: Nationalism, Revenge and Empathy in Serbia." Journal of Cognition and Culture 20, no. 5 (December 11, 2020): 403–31. http://dx.doi.org/10.1163/15685373-12340091.
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Abstract What is the relationship between war propaganda and nationalism, and what are the effects of each on support for, or participation in, violent acts? This is an important question for international criminal law and ongoing speech crime trials, where prosecutors and judges continue to assert that there is a clear causal link between war propaganda, nationalism, and mass violence. Although most legal judgments hinge on the criminal intent of propagandists, the question of whether and to what extent propaganda and nationalism interact to cause support for violence or participation remains unanswered. Our goal here is to contribute to research on propaganda and nationalism by bridging international criminal law and the behavioral and brain sciences. We develop an experiment conducted with Serbian participants that examines the effects of propaganda as identified in the latest international speech crime trial as causing mass violence, and thereby test hypotheses of expert witness Anthony Oberschall’s theory of mass manipulation. Using principal components analysis and Bayesian regression, we examine the effects of propaganda exposure and prior levels of nationalism as well as other demographics on support for violence, ingroup empathy, and outgroup empathy. Results show that while exposure to war propaganda does not increase justifications of violence, specific types of war propaganda increase ingroup empathy and decrease outgroup empathy. Further, although nationalism by itself is not significant for justifying violence, the interaction of increased nationalism and exposure to violent media is significant for altering group empathies. The implications of these findings are discussed with respect to international criminal law and the cognitive science of nationalism.
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Pandey, Ashutosh. "Protection of Natural Environment and Cultural Property during Armed Conflict: An International Humanitarian Law Perspective." Unity Journal 5, no. 1 (March 25, 2024): 271–82. http://dx.doi.org/10.3126/unityj.v5i1.63222.
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With the evolution and development of jus in bello, conflicts of both internal and international character have given due consideration to limit human casualties and minimize suffering. Post-World War trials in Nuremberg and Tokyo played a crucial role in influencing modern International Criminal Law. The international community soon realized the necessity to draft various international legal documents and establish the International Criminal Court to prosecute individuals for various categories of crimes including War Crimes. Article 8 of the Rome Statute has classified acts of destruction of the natural environment and cultural property within the ambit of the definition of War Crime. However, with a higher threshold required to prove the crime of destruction of the natural environment and a human rights approach taken in cases of destruction of cultural property, both areas seem to need much exploration and research. This paper scrutinizes the development of laws of war and dives deep into the jurisprudence laid down in various decisions of the ICC to protect these civilian objects during armed conflict. It further elucidates the lacunas in the law and explains how they may lose their protection guaranteed by humanitarian law and can be the target of attack if these civilian objects are used to achieve a military advantage. Based on the elucidation of various primary sources like legislations and case laws along with secondary sources like legal textbooks and commentaries, law review articles, and legal encyclopedias, the paper generated is descriptive with a slight element of critical analysis of the international legal framework.
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Klimó, Árpád von. "Remembering Cold Days." DÍKÉ 7, no. 1 (August 22, 2023): 171–81. http://dx.doi.org/10.15170/dike.2023.07.01.14.
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“Remembering Cold Days” is a book on the changing meanings of the 1942 massacre of Novi Sad. It answers questions about what we know and do not know about this specific war crime today and, most of all, how different individuals and communities have been remembering and interpreting the events since 1942. It also focuses on the changing international context – the massacre was one of hundreds of similar war crimes that marked World War II as one of the worst conflicts for civilians – and the various political regimes which altered the framework for these memories and interpretations. It further looks at a series of trials related to the massacre and the public debates in Hungary, Yugoslavia and elsewhere instigated by a popular novel and film since the mid-1960s. Finally, it analyzes how the end of communism in 1989 and the Yugoslavian wars of the 1990s changed the perspectives on the perpetrators and victims of 1942.
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Stokowski, Michał Paweł. "Z badań nad białostockim epizodem w biografii Rafała Lemkina." Miscellanea Historico-Iuridica 20, no. 1 (2021): 177–86. http://dx.doi.org/10.15290/mhi.2021.20.01.09.
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Rafał Lemkin became famous in historiography as the creator of the concept of genocide (genocide). This Polish lawyer of Jewish origin, graduated from the Faculty of Law at the University of Jan Kazimierz in Lviv and was a pupil of the outstanding Polish criminal lawyer Juliusz Makarewicz. From his student days, he became interested in the lack of legal regulations in the field of criminal liability for committing mass murders on a specific national or ethnic group. An important impulse for the development of this thought for the young Lemkin were the famous trials of the assassins Talaat Pasha, responsible for the slaughter of Armenians during the Great War, and Symon Petlura, charged with the responsibility for pogroms against Jews in Ukraine. Before the outbreak of World War II, Rafał Lemkin, as part of his activity in the Polish section of the International Criminal Law Association, presented at a conference in Madrid in 1933 the first visions of the concept of international criminal jurisdiction of genocide offenses. After the outbreak of World War II and his escape to the United States, he started working in the War Department and as a university lecturer. In 1944, he published his opus magnum – “The Axis Rule in Occupied Europe”, where he formulated and accurately described the concept of genocide as a crime of international law. Lemkin’s idea was quickly appreciated. As early as December 1946, the UN General Assembly passed a resolution recognizing genocide as a crime of international law, and two years later it adopted the Convention on the Prevention and Punishment of the Crime of Genocide. He described his extremely interesting life in the autobiography entitled “Totally Unofficial”, which was translated and published in Poland in 2018. Rafał Lemkin describes many details of his life, but omits the period of his residence in Białystok, where he allegedly passed his matriculation exams in 1919, and his student days at the Jagiellonian University, when he gained the necessary experience and knowledge in legal fields to help him develop the concept of criminalisation of genocide.
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Ainley, Kirsten. "Excesses of Responsibility: The Limits of Law and the Possibilities of Politics." Ethics & International Affairs 25, no. 4 (2011): 407–31. http://dx.doi.org/10.1017/s0892679411000359.
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Since 1945 responsibility for atrocity has been individualized, and international tribunals and courts have been given effective jurisdiction over it. This article argues that the move to individual responsibility leaves significant ‘excesses’ of responsibility for war crimes unaccounted for. When courts do attempt to recognize the collective nature of war crime perpetration, through the doctrines of ‘command responsibility’, ‘joint criminal enterprise’ and ‘state responsibility’, the application of these doctrines has, it is argued, limited or perverse effects. The article suggests that instead of expecting courts to allocate excesses of responsibility, other accountability mechanisms should be used alongside trials to allocate political (rather than legal) responsibility for atrocity. The mechanisms favored here are ‘Responsibility and Truth Commissions’, i.e. well-resourced non-judicial commissions which are mandated to hold to account individual and collective actors rather than simply to provide an account of past violence.
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Sungi, Simeon P. "Addressing violations of international humanitarian law through the international criminal justice system: A criminologist’s contribution." South African Journal of Criminal Justice 33, no. 3 (2020): 670–84. http://dx.doi.org/10.47348/sacj/v33/i3a8.
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The international criminal justice system has resorted to criminal sanctions as the sole response to international criminal offending, including international humanitarian law (IHL) violations. While responding to international criminal offending, the international criminal justice system has overly relied on utilitarianist and retributivist assumptions to criminal punishment that assumes the application of criminal law in enforcing compliance to societal norms in order to deter potential norm violators and to induce compliance. Furthermore, correcting criminal behaviour creates a sense of accountability and appeases victims of international humanitarian law violations and other international crimes. Arguments in support of this strategy also posit that it is important to take these steps because it brings a sense of respect to the rule of law or what is popularly known as fighting ‘impunity’. A reflection on the Nuremberg and the Tokyo trials following World War II seems to have influenced the criminalising of war crimes and other international crimes. On the other hand, criminologists over a century now have been studying causes of crime to influence public policy in crime prevention. It is, therefore, imperative to examine the aetiology of international humanitarian law violations through a criminological lens to inform international criminal justice policy on best approaches in responding to international crimes in general and war crimes in particular. The essay examines international humanitarian violations in the Democratic Republic of Congo to find out whether the international criminal justice system’s response to war crimes meet the purported stated goals of the international criminal justice system. The Lubanga case in the DRC situation is informative since it is the first conviction before the International Criminal Court.
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Najah Duqmaq. "Israel's International Legal Responsibility for Human Rights Violations in the Occupied Palestinian Territory In accordance with the provisions of international law." مجلة جامعة فلسطين الأهلية للبحوث والدراسات 1, no. 1 (December 30, 2022): 4–36. http://dx.doi.org/10.59994/pau.2022.1.4.
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The West Bank, Gaza Strip, and the city of Jerusalem are occupied territories occupied by Israel following hostilities in the 1967 war. Israel was a State party to the Fourth Geneva Convention of 1949, which refused to apply it to the occupied territories since the common article I of the four Geneva Conventions showed respect for and universal adherence to the principles contained therein. However, Israel has not complied with this but has committed serious violations of the rights of Palestinian citizens, criminalized under the Rome Statute of the International Criminal Court. The research aims to hold Israel internationally responsible for its illegal actions in the occupied Palestinian territories for violating the provisions of international law and resolutions of international legitimacy. The importance of the search for international criminal and civil accountability of Israel for its human rights violations in the Occupied Palestinian Territories is important, as Palestine's accession to the International Criminal Court comes as an important step in terms of ending the impunity of Israeli war criminals in addition to prosecuting them wherever they are regardless of their nationality and the place where the crime was committed in accordance with universal jurisdiction. The problem of the research revolves around: How long will Israel remain without international accountability for its violations of the rights of citizens in the Occupied Palestinian Territory? The researcher followed the descriptive and analytical approach and reached a set of conclusions and recommendations, the most prominent of which are: holding Israel internationally responsible for its internationally wrongful actions in the occupied Palestinian territories represented by the violation of international obligations. Among the most prominent recommendations are the implementation of the recommendations of Amnesty International's report regarding the call of the International Criminal Court to consider the crime of apartheid as part of its investigations into the Palestinian situation before it and that all States exercise universal jurisdiction to bring the perpetrators of apartheid crimes to justice.
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KIM, Ock-Joo. "The Nuremberg Code and Ethics of Human Subject Research." Korean Journal of Medical Ethics 5, no. 1 (June 2002): 42–62. http://dx.doi.org/10.35301/ksme.2002.5.1.42.
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Nowadays human subject researches encompass various kinds of biomedical researches: clinical trials, population studies, epidemiological studies, genetic studies, reproductive studies, stored sample studies, etc. While each category has its own specific ethical issues and corresponding guidelines, universal guidelines of human subject research have been developed at the international level. The Nuremberg Code adopted in 1947 marked a major turning point in the history of research ethics. Although risks related to human subject research has been known since ancient time, the Nuremberg Code initiated international efforts to protect human rights in biomedical researches. For 2500 years, the Hippocratic Oath has stressed the physicians integrity and loyalty to the patient. The Nuremberg Code shifted the main point of medical ethics from physicians attitude to the voluntary informed consent of research participants. As reflected in the Code, the traditional doctor-patient relationship (the healer-patient relation) extended to include the researcher-subject relation in modern times. The Nuremberg Code came out from the painful chapters of the history of human experimentation during the World War II. At the Nuremberg Trial in 1946-47, twenty three Nazi scientists and doctors were prosecuted for their inhuman human experimentation. While the trial revealed Nazi physicians' cruelty, the judges tried to establish international consensus concerning what is an acceptable experiment on human being throughout the trial. Fifteen defendants were sentenced as guilty of crime against humanity and war crime. The Nuremberg Code was proclaimed as a part of final verdict of the trial. In this paper I examine in what historical context the Code was shaped; what are lessons of the Nuremberg Trials; and what is the legacy of the Code. Although the Code initiated the international efforts to establish ethic of human subject research, the Nuremberg Code and following Declaration of Helsinki has never guaranteed protection of the human subjects of biomedical researches.
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MCFARLAND, Sam, and Katarzyna HAMER. "JAK LUDOBÓJSTWO ZOSTAŁO UZNANE ZA ZBRODNIĘ – DZIEDZICTWO RAFAŁA LEMKINA." Civitas et Lex 10, no. 2 (June 30, 2016): 69–85. http://dx.doi.org/10.31648/cetl.2306.
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Raphael Lemkin is hardly known to a Polish audiences. One of the most honored Poles of theXX century, forever revered in the history of human rights, nominated six times for the Nobel PeacePrize, Lemkin sacrificed his entire life to make a real change in the world: the creation of the term“genocide” and making it a crime under international law. How long was his struggle to establishwhat we now take as obvious, what we now take for granted?This paper offers his short biography, showing his long road from realizing that the killing oneperson was considered a murder but that under international law in 1930s the killing a million wasnot. Through coining the term “genocide” in 1944, he helped make genocide a criminal charge atthe Nuremburg war crimes trials of Nazi leaders in late 1945, although there the crime of genocidedid not cover killing whole tribes when committed on inhabitants of the same country nor when notduring war. He next lobbied the new United Nations to adopt a resolution that genocide is a crimeunder international law, which it adopted on 11 December, 1946. Although not a U.N. delegate – hewas “Totally Unofficial,” the title of his autobiography – Lemkin then led the U.N. in creating theConvention for the Prevention and Punishment of the Crime of Genocide, adopted 9 December, 1948.Until his death in 1958, Lemkin lobbied tirelessly to get other U.N. states to ratify the Convention.His legacy is that, as of 2015, 147 U.N. states have done so, 46 still on hold. His tomb inscriptionreads simply, “Dr. Raphael Lemkin (1900–1959), Father of the Genocide Convention”. Without himthe world as we know it, would not be possible.
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Czech-Jezierska, Bożena. "Two Polish Romanists’ Voices on the Subject of Law in Times of War." Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius) 70, no. 3 (January 11, 2023): 135–48. http://dx.doi.org/10.17951/g.2023.70.3.135-148.
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Roman law scholars seldom leave the subject of their field of interest for contemporary law research studies, especially not for criminal law. Exceptional were views on law in times of World War II expressed by two famous Polish Romanists. The first of them was Rafał Taubenschlag – a famous Polish Romanist and papyrologist who lived in New York over the period 1940–1947. He published there in 1945 a paper Plea of Superior Order. Taubenschlag in his paper argued that the members of the German army could by no means plead obedience to superior orders as justification for their participation in the massacre of unoffending civilians, in the exercise of inhuman cruelties such as torturing and slaughtering of women and children, on the grounds that they regarded those orders as legal and that their superiors did not intend to commit a crime by these acts. They were not bound to obey such orders – he emphasized, and if they did, they did so at their own risk and must be held responsible, as such outrageous acts could not be considered as falling under the heading of military duty. Taubenschlag’s argumentation was used in the Nuremberg trials by Robert H. Jackson – the Chief United States Prosecutor at the International War Crimes Tribunal in Nuremberg. The other Polish Romanist was Kazimierz Kolańczyk from the University of Poznań, who published, due to his activity in the Institute for Western Affairs in Poznań, a paper German Legislation as a Crime Weapon. In this paper, based on numerous examples, he emphasized that German legislation imposed on Polish territories during World War II was not a manifestation of law but lawlessness and injustice.
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Bartels, Rogier. "Dealing with the Principle of Proportionality in Armed Conflict in Retrospect: The Application of the Principle in International Criminal Trials." Israel Law Review 46, no. 2 (June 14, 2013): 271–315. http://dx.doi.org/10.1017/s0021223713000083.
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The principle of proportionality is one of the core principles of international humanitarian law. The principle is not easy to apply on the battlefield, but is even harder to apply retrospectively, in the courtroom. This article discusses the challenges in applying the principle during international criminal trials. It discusses the principle itself, followed by an explanation of the general challenges of dealing with violations of international humanitarian law, and more specifically the rules related to the conduct of hostilities, during war crime trials. The way in which the principle has been used before the International Criminal Tribunal for the former Yugoslavia is examined, including an in-depth discussion of the recentGotovinacase. The second part consists of an evaluation of Article 8(2)(b)(iv) of the Rome Statute of the International Criminal Court, and discusses the difficulties the International Criminal Court would face in cases dealing with violations of the principle of proportionality.
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Ristić, Katarina. "Freed by the Court: The Role of Images Between Remembrance and Oblivion of War Crimes." Pólemos 13, no. 1 (April 24, 2019): 91–108. http://dx.doi.org/10.1515/pol-2019-0012.
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Abstract This paper explores the role of images in facilitating debates on the responsibility of convicted war criminals. Previous research on the mediation of war crime trials in Serbia has mainly focused on political and media discourses or everyday practices as verbal or textual modes of communication, showing the dominant nationalism and widespread denial, with convicted war criminals appearing as heroes and celebrities. This article argues that the normalization of convicts was partially realized through the avoidance of atrocity images and the prevalence of iconic images of convicts, who are described as persons “freed by the court.” The paper explores two instances when iconic images of convicts served as catalysts in debates on their criminal responsibility, pointing out that images might limit the scope of the debate, and condition the type of questions posed. Archival atrocity images, on the other hand, might provide much-needed context and evidence about crimes. Considering the powerful role of images, the article urges a more systematic analysis of images in the transitional justice field, as some of the images turn into symbolic presentations of the past for future generations.
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Kim, Alexander. "Ethnic Cleansing as a Distinct Crime under International Law: Assessing the Case of Forcible Transfer of Ethnic Koreans in the Former USSR(1937)." Korea International Law Review 63 (October 31, 2022): 193–236. http://dx.doi.org/10.25197/kilr.2022.63.193.
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The forcible transfer of ethnic Koreans in 1937 marked the first precedent of the policy of wholesale eviction and displacement of populations as an instrument of ethnic cleansing in the USSR and became a pattern during and after World War II, when different ethnic minorities amounting to around 6 million people have been uprooted from their homes, with 1 to 1.5 million estimated to have perished as a result of forced internal displacement.
The present research considers the forced internal displacement of the ethnic Korean population in the USSR to be an act of ethnic cleansing, which is a mass atrocity crime and a blatant human rights violation. Inability to bring the perpetrators to justice for forced displacement of the entire civilian population of ethnic Koreans in the USSR, which has caused the physical extermination of several thousand people and the destruction of their socio-economic infrastructures and culture, will remain in history as the most serious form of impunity and the most flagrant violation of the fundamental right of victims to justice. The state cannot be held accountable for this wrongful act since the Soviet Union, as a subject of international and geopolitical reality, no longer exists and ethnic cleansing has not yet been recognized as an independent crime under international law.
International law sets out the human rights and each State and other authorities have a prime responsibility and duty to protect, promote and implement all these rights and fundamental freedoms, and it is essential to carry out protection activities at the national and international level. While the prohibition of forced displacement itself has been a well-established feature of international criminal law since the Nuremberg trials following the Second World War, ethnic cleansing has not yet been written and signed in any UN treaty, which means Member States do not have to protect those who have fallen victim, since ethnic cleansing is still not a criminal charge in international law. But in 2005, a UN World Summit included ethnic cleansing along with genocide, war crimes, and crimes against humanity as four things from which each individual State has a duty to protect their populations.
Despite the fact that forcible transfer and other practices involving the coerced, arbitrary or involuntary displacement of the civilian population from their homes, lands, and communities constitute a specific phenomenon, there is no single legal principle in international law that can be applied to all kinds of population transfers. In some circumstances, deportation or internal displacement as well as other forms of involuntary population transfers may amount to a crime against humanity, a crime of genocide or a war crime, depending on the factual elements of the case and the specific requirements of a certain crime.
This study accordingly reviews population transfers as the constitutive element of such crimes as genocide and crimes against humanity, and transposes this comparative analysis into the context of ethnic cleansing.
Every state has the responsibility to protect its population from four mass atrocity crimes: genocide, war crimes, crimes against humanity (that have not yet been codified in a separate treaty of international law), and ethnic cleansing (that has not been recognized as an independent crime under international law). The term ‘ethnic cleansing’ itself has been acknowledged in judgments and indictments of the International Criminal Tribunal for the Former Yugoslavia, although it did not constitute one of the counts for prosecution. One aspect of the criticism of the terms ‘ethnic cleansing’ focuses primarily on the fact that many state governments use this term even when an incident can be classified as genocide in order not to use state resources or taking action against the perpetrating State.
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Biro, Miklos, and Petar Milin. "Traumatic experience and the process of reconciliation." Psihologija 38, no. 2 (2005): 133–48. http://dx.doi.org/10.2298/psi0502133b.
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The paper present the results of the survey that was designed to examine attitudes towards reconciliation, traumatic experience, as well as some basic values, attitudes and stereotypes in two cities of the former Yugoslavia where the nationalities that were in conflict live together. The survey was conducted on 400 subjects in Vukovar (inhabited by Serbs and Croats) and 400 subjects in Prijedor (Serbs and Bosniaks). The results show that the level of traumatic experience, as a single variable, has no correlation with the readiness for reconciliation. On the other hand, in General Linear Model, best predictors of the readiness for reconciliation were attitudes and values represented by the factors ?Non-Ethnocentric? and Non-Nationalistic/ Xenophobic?. Also, having friends among the ?opposing? nationality and having positive experiences with the members of opposing national groups is highly related to a readiness for reconciliation. Finally, a belief in war crime trials, combined with a readiness to admit the war crimes among its own nationality, was a significant predictor of readiness for reconciliation.
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Bell, Jared O’Neil. "Reconciling after Transitional Justice: When Prosecutions are not Enough, the Case of Bosnia and Herzegovina." Croatian International Relations Review 25, no. 84 (April 1, 2019): 54–77. http://dx.doi.org/10.2478/cirr-2019-0003.
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Abstract The concept and study of transitional justice has grown exponentially over the last decades. Since the Nuremberg and Tokyo trials after the end of the Second World War, there have been a number of attempts made across the globe to achieve justice for human rights violations (International Peace Institute 2013: 10). How these attempts at achieving justice impact whether or not societies reconcile, continues to be one of the key discussions taking place in a transitional justice discourse. One particular context where this debate continues to rage on is in Bosnia and Herzegovina, many scholars argue that the transitional justice process and mechanism employed in Bosnia and Herzegovina have not fostered inter-group reconciliation, but in fact caused more divisions. To this end, this article explores the context of transitional justice in Bosnia and Herzegovina from a unique perspective that focuses on the need for reconciliation and healing after transitional justice processes like war crime prosecutions. This article explores why the prosecuting of war criminals has not fostered reconciliation in Bosnia and Herzegovina and how the processes have divided Bosnian society further. Additionally, this article presents the idea of state-sponsored dialog sessions as a way of dealing with the past and moving beyond the divisions of retributive justice.
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Chadimova, Michala. "Sexual Slavery and Members of a Terrorist Group – What is the Future of the 'Boko Haram' Trial at the International Criminal Court?" Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence 1, no. 2 (November 30, 2020): 229–53. http://dx.doi.org/10.7590/266644720x16061196655061.
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Crimes committed by the members of Boko Haram in Nigeria are not only the subject of national trials but also of preliminary examination at the International Criminal Court (ICC). This article focuses on the sexual slavery perpetrated by Boko Haram, describes how the crimes are viewed within the national Nigerian criminal process and addresses the possibility of prosecution of the crimes at the ICC.<br/> This article analyses the legal terminology used to describe the crimes connected to Boko Haram – enslavement, sexual slavery, human trafficking and terrorism – and their interaction. While providing an overview of the ICC's current preliminary examination into the situation in Nigeria, this article discusses how the principle of complementarity is potentially holding the OTP back from the formal investigation.<br/> Furthermore, an overview of cases at the ICC that have involved charges of sexual slavery or enslavement will be provided. By analysing the Court's findings in relation to elements of sexual slavery, this article provides an insightful view into the Court's rhetoric on this crime. Similarly, this article discusses modes of liability that have been employed in the Katanga/Chui and Ntaganda cases and provides a learning opportunity for future cases of sexual slavery as both a crime against humanity (Article 7(1)(g) of the Rome Statute) and a war crime (Article 8(2)(e)(vi) of the Rome Statute; 8(2)(b)(xxii) of the Rome Statute).
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Yakovlev, Vitaliy. "Organization and holding the trial of Nazi criminals in Kharkiv (December 15-18, 1943)." V. N. Karazin Kharkiv National University Bulletin "History of Ukraine. Ukrainian Studies: Historical and Philosophical Sciences", no. 32 (July 12, 2021): 39–52. http://dx.doi.org/10.26565/2227-6505-2021-32-04.
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The issues of preparation and conduct of the Nuremberg Trials (1945-1946) have sufficiently fully and comprehensively covered in domestic and foreign historical, legal, and journalistic literature, while Kharkiv Trial 1943 (December 15-18, 1943) has remained outside the field of vision of scholars. The purpose of the study is to highlight the issue of organizing and conducting the Kharkiv show trial over war criminals—servicemen of the Wehrmacht and the German police, as well as their collaborators. The research methodology is based on the principles of historicism, objectivity, systematic scientific analysis and synthesis. The principle of historicism allows us to consider the issues of organizing and conducting the Kharkiv Trial in chronological sequence as a natural process that developed in accordance with the then sociopolitical situation and the global context. The objectivity of the study lies in the coverage and condemnation of the crimes of Nazism. Analysis and synthesis makes it possible to determine the role of the Kharkiv Tribunal in the process of forming international criminal legislation. Scientific novelty of the research. During 1941-1943, the Soviet justice has formed a legal framework, which made it possible to hold trials of war criminals involved in the massacres of civilians and prisoners of war in the territory of the USSR. The agreements reached between Great Britain, the USA, and the USSR at the Moscow Conference (1943) were used by the Soviet government for the preparation of the show trial over the servicemen of Hitlerite Germany. During the Trial, the facts of the mass destruction of the civilian population and prisoners of war by the Nazis in the territory of Kharkivshchyna were established. The verdict of the Kharkiv Tribunal in practice has implemented the thesis, which became the cornerstone of international criminal law: «A crime committed by order of the high command does not exempt the perpetrator from criminal liability». Conclusions. The Kharkiv Trial has become a legal precedent for the punishment of Nazi war criminals – German citizens, it has laid the foundations of international criminal law and given an acceleration in the decision to hold a trial of the main war criminals of Hitlerite Germany. Keywords: Nazi war crimes, Main Directorate of Counter-Intelligence “SMERSH”, Military Tribunal of the 4th Ukrainian Front, show trial, Kharkiv Trial 1943, World War II.
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Jusufaj, Elvina. "Tribunal for the Russian Aggression in Ukraine: The Need for Accountability." Interdisciplinary Journal of Research and Development 10, no. 1 (March 20, 2023): 75. http://dx.doi.org/10.56345/ijrdv10n111.
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The Russian aggression against Ukraine has raised the need for accountability and international rule of law. Russia through committing the supreme international crime has deliberately violated basic international principles and norms such as state sovereignty and territorial integrity of Ukraine and the prohibition of the use of force. Member states of the United Nations drafted and agreed to create the International Criminal Court to punish the most serious crimes. The Kampala amendments of the Rome Statute on aggression, adopted a decade later, can be activated if the two states concerned have accepted ICC jurisdiction. Russia and Ukraine are not members of ICC, although the unilateral declarations of Ukraine accepting ICC jurisdiction can be exercised for war crimes, crimes against humanity and genocide committed in the territory of Ukraine. The lack of an international mechanism to punish the crime of aggression against Ukraine have triggered calls and actions to create a special tribunal with a limited focus on that crime, based on the development of international criminal law over the past eighty years. The EU recently agreed to establish an International Center for the prosecution of the crime of aggression – to preserve evidence and prepare the analysis of the evidence for the prosecution for future national or international trials – which is considered a first step in that direction. This research will analyze options to create either a special international tribunal or a hybrid tribunal to investigate whether Russia’s acts of violence in Ukraine constitute a crime of aggression and their prosecution. It will examine the legal basis of its establishment and functioning of the tribunal based on previous precedents, such as the International Military Tribunal (Nuremberg), or other specialized courts integrated in a national justice system with international judges – hybrid court. It will also explore the indispensable role of the United Nations in establishing such a tribunal and its implications in ending the conflict.
Received: 13 January 2023 / Accepted: 17 March 2023 / Published: 20 March 2023
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Ndubuisi, Nwafor, and Mukoro Benjamin Onoriode. "ICC and Afrocentrism: The Laws, Politics and Biases in Global Criminal Justice." Groningen Journal of International Law 6, no. 1 (August 31, 2018): 146. http://dx.doi.org/10.21827/5b51d55740ab8.
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The International Criminal Court (ICC) was established to prosecute the most serious crimes of concern to the international community as a whole. However, since its inception, the Court has been wholly focused on Africa in terms of indictments and trials. This has led many Africans, including state leaders, to question the integrity of the Court. While most explanations of the ICC’s focus on Africa have bordered on the political, this work attempts to find out the reason for the Court’s slant towards Africa in the very Statute by which it was established. Therefore, this paper finds that of the four broad crimes that the ICC has jurisdiction to try, three (crimes against humanity, war crimes and genocide) are more likely to occur in Africa, while the fourth (the crime of aggression), will more likely be perpetrated by or at the instigation of individuals in powerful States.
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Ragimov, Ilgam M. "Nuremberg Trials: the triumph of justice or the trial of the victors? (Reflections on the book by A.N. Savenkov “Nuremberg: A Verdict for name of Peace”." Gosudarstvo i pravo, no. 12 (2022): 7. http://dx.doi.org/10.31857/s102694520023298-8.
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The article analyzes historical, geopolitical, legal and other aspects of the organization and conduct of the International Military Tribunal on the basis of the monograph by Corresponding Member of the Russian Academy of Sciences A.N. Savenkov “Nuremberg: A Verdict for name of Peace”. over the main Nazi criminals, the political, legal and moral significance of its results for the further strengthening of peace on Earth and the prevention of global wars, the prevention of crimes against the peace and security of mankind, the development of International Law, etc. are investigated. Based on the results of A.N. Savenkov’s research, the study of archival materials of the Nuremberg Trials and other sources on this issue, the authors believe that: • in the entire history of legal proceedings, there has probably never been a court like the Nuremberg Trials. Its uniqueness lies in the fact that it is the first case in the history of justice (sui generis) when more than 20 high-ranking officials, who were part of the highest political and military leadership of a single aggressor state, found themselves in the dock, guilty of both planning, preparing and unleashing a world war, and committing during it mass crimes against peace and humanity; • the historical value of the International Military Tribunal is also seen in the fact that its results had a huge impact on the course of world history, outlined the basic contours of the new architecture of the post-war world order and world order on Earth, laid the foundations of international criminal justice, etc., and the Tribunal itself became a symbol of the victory of good over evil; • the Nuremberg Trials showed that for crimes against peace, war crimes and crimes against humanity committed during an aggressive war, the victorious States have the right to establish a special court (ad hoc) with universal jurisdiction against the political and military leaders of the defeated State, to determine a list of specific crimes (including those with criminal retroactivity), those under his jurisdiction, to provide for a special procedure for the administration of justice, to establish the types of punishment for the perpetrators and their terms, the order and form of execution of a court sentence, etc.; • the refusal of the founders of the Ministry of Internal Affairs to bring to trial the highest state and military officials of Nazi Germany on the basis of the national laws of the countries on whose territory they committed numerous terrible crimes incompatible with human nature was due to the fact that the norms of criminal legislation of none of these states (as, indeed, International Law of that time) did not they fully covered all the specifics of the objective and subjective properties of many barbaric crimes committed by Nazi criminals against humanity, therefore, it was not possible to talk about this category of monstrous acts that claimed the lives of tens of millions of innocent people as classic forms or types of crimes that infringe on the rights and freedoms of individual citizens or states, even at the level of the institution of analogy in law; • taking into account the irremediable contradictions between the norms of national and International Law, on the one hand, and the essentially unprecedented atrocities committed by Nazi criminals on a massive scale, on the other, the victorious countries in World War II as bearers of supreme power in Germany (due to the loss of its legal personality) on August 8, 1945 we made the only possible decision in the current situation: 1) to establish an open International Military Tribunal with universal jurisdiction for the prosecution and punishment of the main war criminals of the European Axis countries; 2) on the basis of international treaties and agreements, the basic values of natural law, generally recognized principles of Criminal and Criminal Procedure Law, taking into account certain provisions of the Anglo-Saxon and Romano-Germanic legal systems, adopt the Statute of the Ministry of Internal Affairs, the norms of which should: a) determine the powers and procedures of this judicial body; b) contain a criminal definition of the concepts of “criminal organization”, “crime against peace”, “war crime” and “crime against humanity”; c) provide procedural guarantees for the defendants and their defenders; d) to fix the provision according to which the official position of the defendant (be it the head of state or another responsible state official) is not a basis for exemption from liability or mitigation of punishment, etc.; • in the process of working on the Statute of the Ministry of Internal Affairs, the doctrine of due (supervisory) law was widely applied in it, which, unlike what exists, is based on such immanent properties of a person’s spiritual being as justice and freedom of spirit, morality and common sense, etc. The originality of supervisory right is also manifested in the fact that it is free from any whatever the external definitions and directives, it is not burdened with political and ideological dogmas; • by its nature, the Charter of the Nuremberg Tribunal is not a normative legal act in the traditional sense of the term, but a special international prescriptive act with the force of law, adopted on August 8, 1945 by representatives of the heads of government of the USSR, the USA, Great Britain and France in the form of an annex to the London Agreement “On the Prosecution and Punishment of the main War Criminals of European Countries axes”; • in the verdict of the International Military Tribunal, for the first time at the global level, legal entities were recognized as the subject of crimes against peace, war crimes and crimes against humanity – the Elite Guard (SS), the Security Service (SD), the Secret State Police (Gestapo) and the National Socialist Workers’ Party of Germany (NSRPG). At the same time, not all crimes committed by high-ranking officials and institutions of Nazi Germany during the Second World War were reflected or properly assessed in it; • the expectations of the world community from the Nuremberg Trials were only partially justified, since in those years many in the world believed that all Nazi criminals should be put to death without trial. Only the firm position of the USSR and its insistent demands to the allied powers about the need to bring them to trial prevented further extrajudicial reprisals against them; • the International Military Tribunal in Nuremberg cannot be regarded as a “court of victors” over the defeated. It should be perceived as a unique judicial and legal phenomenon in the history of mankind - Transitional Justice at a critical stage in the modern history of mankind.
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Geraghty, Mark Anthony. "Gacaca, Genocide, Genocide Ideology: The Violent Aftermaths of Transitional Justice in the New Rwanda." Comparative Studies in Society and History 62, no. 3 (July 2020): 588–618. http://dx.doi.org/10.1017/s0010417520000183.
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AbstractThis article investigates the violent aftermaths of Rwanda's 1994 Genocide and Liberation war by analyzing its Gacaca Courts, which framed themselves as a “traditional” mechanism of transitional justice. These specialized genocide tribunals, in operation between 2002 and 2012, authorized laypersons to sentence their neighbors to up to life in prison. They passed judgment on almost two million cases, at an official conviction rate of 86 percent. I argue that through their practice, “genocide” came to be constituted as a crime whose contours extended far beyond the boundaries of any international legal definition. It included a wide range of acts, utterances, and inner states, as potentially infinite manifestations of a boundless criminal interiority named “genocide ideology,” the necessary ‘driving force’ behind acts of genocide. Within Gacaca, genocide ideology was constituted as the continuing destructive potential of Hutu to menace or even disrespect innocent Tutsi, who were constituted as metonymic of the “new” state. The paranoid hermeneutics of those trials led them to project such an interiority within ‘others,’ imagined as constantly on the verge of erupting into insurrectionary violence, threatening the state's very foundation. The figure of the “Hutu” was transformed into a negative political category operating as a spectral threat haunting the New Rwanda. Gacaca led to a realization throughout the vast population that it marked as “Hutu” that the crime of genocide could potentially inhabit any and perhaps even all of them, thereby producing a generalized fear and pervasive silence.
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Salem Mohammed OMAR, Elhadi. "INTERNATIONAL CRIMINAL RESPONSIBILITY OF COMMANDERS FOR WAR CRIMES DURING CONFLICTS ARMED FORCES OF A NON-INTERNATIONAL NATURE." RIMAK International Journal of Humanities and Social Sciences 4, no. 6 (November 1, 2022): 769–92. http://dx.doi.org/10.47832/2717-8293.20.45.
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International criminal responsibility is one of the important topics on which International Criminal Law is based, as it holds a person accountable for his criminal act by subjecting him to the punishment prescribed by law, war crimes are one of the oldest international crimes that the international community tried to identify early, and limit their results to warring armies only, and violations between belligerents accompanied by behaviors tinged with brutality and extreme cruelty to achieve victory due to the lack of organizational rules in the fighting, since the decision of war and the method of its implementation are ordered by commanders on the battlefield or outside, Which results in the commission of serious crimes that are a violation of international humanitarian law, whose humanitarian rules came to alleviate the scourge of wars and minimize their losses, many international crimes that are a violation of the international legal order, Article "VIII" of the statute of the International Criminal Court enumerated war crimes based on The Hague Convention of 1907, and the four Geneva Conventions of 1949, in practical and legal, Thus, criminal intent plays a fundamental role in assigning international criminal responsibility, whether under domestic or international law, by bearing the responsibility for the crime and being subject to the punishment prescribed by law, as international jurisprudence is divided into three doctrines :- The first: he denied that responsibility for the individual and made the state responsible for international crime, while he took the second doctrine: the principle of dual responsibility and the third doctrine: he embraced the principle of individual responsibility in international law through the Nuremberg, Tokyo, Yugoslavia and Rwanda trials, so the study tagged with the international criminal responsibility of leaders for war crimes during armed conflicts of a non-international nature aims to clarify the provisions of the international criminal responsibility of leaders in accordance with the provisions of International Criminal Law and the rules of international humanitarian law for grave violations committed during armed conflicts that war crimes within the jurisdiction of the International Criminal Courts, The problem of the study lies in the issues raised by the international responsibility of leaders and the practical problems it raises, so the question centered on the person who Bears International Criminal Responsibility in International Criminal Law was answered, is it the sovereign state Or an individual who works in her name and for her benefit On the one hand, and on the other hand, I was exposed to the standard adopted by the International Criminal judiciary to hold the International Criminal accountable based on the Rome Statute and the development that took place in this regard, and I also followed a research methodology based on a descriptive analytical study through which the research was divided into three balanced investigations, the first, The second topic dealt with war crimes during non-international armed conflicts and the third topic dealt with the contraindications of International Criminal Responsibility, and ended with a conclusion to the research and recommendations. Keywords: International Criminal Responsibility, War Crimes
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Bašić, Natalija. "Völkermord vor Gericht. Kriegsverbrecherprozesse, Emotionen und der Umgang damit in Serbien / Genocide at Court. War Crime Trials, Emotions, and Coming to Terms in Serbia." Comparative Southeast European Studies 59, no. 4 (April 1, 2011): 396–411. http://dx.doi.org/10.1515/soeu-2011-590404.
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Begonja, Zlatko. "The Suffering of Reverend Eugen Šutrin." Review of Croatian history 17, no. 1 (2021): 355–76. http://dx.doi.org/10.22586/review.v17i1.19692.
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Reverend Eugen Šutrin was a victim of the supremacy of the communist ideological passion that ruled the entire area of Croatia in the immediate post-war period, including the town of Privlaka near Zadar. In this imposed atmosphere, individuals and groups of people who were close to or ideologically committed to the communist principles took it upon them-selves to decide on the fate of others. Quite often, their personal assessments and evaluations resulted in attacks on property and on the lives of individuals for whom they were determined to be their worldview or class enemies. There were two components involved in the case of Rev. Eugen Šutrin, who was murdered at the end of 1945: the first defined him as a worldview opponent and the second saw him as a witness to the events at the Italian concentration camp for civilian internees on Molat. The investigative actions taken against the suspects for the committed crime and the subsequent trials did not fully reveal which of the previously mentioned components was the key motive for the murder of Rev. Eugen Šutrin.
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Garsymiv, Olena, Serhiy Marko, and Olena Ryashko. "Genocide in Ukraine: problems of proof." Visegrad Journal on Human Rights, no. 1 (May 6, 2024): 16–21. http://dx.doi.org/10.61345/1339-7915.2024.1.3.
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The article emphasizes that genocide was first criminalized immediately after the Second World War, precisely in 1948 when the UN General Assembly unanimously adopted the Convention on the Prevention of Genocide. In terms of severity, it is undoubtedly the most serious crime for both peacetime and wartime, and it is also the most difficult to prove. First of all, it is argued that in order to establish the very fact of genocide, it is necessary to have the intention to destroy, in whole or in part, any national, ethnic, racial or religious group, as well as for this destruction to be carried out by killing, inflicting grievous injuries, creating intolerable conditions life, prevention of childbirth or forced transfer of children to another group. The main focus of the article is on the fact that crimes against humanity most often occur during war. In order for the underlying crimes—such as murder, torture, extermination, sexual violence, and other acts—to qualify as crimes against humanity, they must be part of a widespread or systematic attack on civilians. Unfortunately, trials for genocide and crimes against humanity take forever. An example is the events in Srebrenica, proceedings in several genocide cases are still ongoing. Genocide, as well as crimes against humanity, are most clearly defined in legal terms in the Rome Statute of 1998, which became the foundational document of the International Criminal Court. Both crimes were also included in the criminal codes of many countries, the Criminal Code of Ukraine (Articles 442, 437) was not an exception. However, until now, there is no responsibility for crimes against humanity in national legislation. Therefore, currently the criminal actions of the combatants can only be qualified as war crimes. Many states have integrated the crime of genocide into national legislation, but not all have used the UN definition. Many states have also included crimes against humanity in their criminal codes. It is quite clear that both genocide and crimes against humanity are systematic crimes, to prove which it is not enough to confirm with evidence the commission of individual acts. Both crimes are committed within a system, often wide-ranging, and both contain elements that require proof of relevant intent or awareness on the part of the perpetrators, for example, in the case of genocide, by proving that the perpetrators knew of an express or implied plan.
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Krupenya, Iryna. "THE IDEOLOGY OF RACISM AS A POLITICAL PHENOMENON PUTIN’S REGIME." Politology bulletin, no. 90 (2023): 132–44. http://dx.doi.org/10.17721/2023.90.132-144.
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The article examines the term «racism» and states that it is a socio-political practice and ideology based on russian imperialism and chauvinism, the traditions of the communist regime of the USSR and national socialism, which was condemned by the Nuremberg trials. The signs of V. Putin’s regime are listed, in particular, militarism, the cult of the leader and the sacralization of state institutions, the self-aggrandizement of the russian federation through violent oppression and/or denial of the existence of other nations, the imposition of the russian language and culture on other nations, the promotion of the ideas of the «russian world», systematic violation of norms and principles of international law, sovereign rights of other states, their territorial integrity and internationally recognized borders. It has been established that one of the tools of spreading the ideology of racism is the use of symbols that include the Latin letters «Z», «V». It was noted that the use and propaganda of the symbols of the military invasion of Ukraine is a socially dangerous act and significantly threatens the foundations of Ukraine’s national security. The key tenets of the ideology of racism regarding the war in Ukraine, which are used by Russian propaganda to justify the crime of aggression, war crimes, crimes against humanity, and genocide, have been studied. It was emphasized that the principle of justice and the supremacy of international law should not be debatable but should be understood equally by all states of the world.
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Myers, Jimmy. "The Politics of God: Christian Encounters with Empire in Acts 4–5." Journal of Theological Interpretation 17, no. 2 (December 2023): 201–19. http://dx.doi.org/10.5325/jtheointe.17.2.0201.
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Abstract In this essay, I draw attention to part of the Acts narrative that should be included in an investigation of Luke’s political stance but often gets left out: the narratives of Acts 4–5. Studies typically focus on Jesus’s trial before Pilate and Herod; Christian encounters with Roman officials in the diaspora (Philippi, Thessalonica, Athens, Corinth, and Ephesus); or Paul’s trials before Claudius Lysias, procurators, and King Agrippa II in Judea. Few give more than passing glances at these early chapters in Acts. The lacuna is, prima facie, reasonable: What, after all, does Christianity’s encounter with Jerusalem authorities have to do with Christianity’s encounter with Roman political authority? A historically textured investigation into the question, however, yields a much more complicated picture. From the time of Herod the Great till the outbreak of the Jewish war, high priests were appointed by Roman legates, prefects, and Herodian kings, and they played an important role in mediating imperial authority to the Jewish people. They thus served as representatives, in part, of the Roman state. The narratives of Acts 4–5 therefore constitute important evidence that should be included in an investigation into Luke’s theological politics because they describe Christianity’s repeated collision with the Roman-appointed priestly aristocracy. In the end, I argue that when these narratives are included, the critical volume of Luke’s theological politics becomes amplified appreciably, and the wider theological character of Luke’s political perspective comes into greater focus.
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Vasilyev, Pavel. "Sex and Drugs and Revolutionary Justice: Negotiating 'Female Criminality' in the Early Soviet Courtroom." Journal of Social Policy Studies 16, no. 2 (July 3, 2018): 341–54. http://dx.doi.org/10.17323/727-0634-2018-16-2-341-354.
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Pavel A. Vasilyev – kandidat nauk (PhD) in Russian History, Postdoctoral Fellow, Polonsky Academy for Advanced Study in the Humanities and Social Sciences, Van Leer Jerusalem Institute, Israel. Email: pavelv@vanleer.org.il
This article builds on previous research on early Soviet female criminality, in particular the studies by Sharon A. Kowalsky and Dan Healey, that have demonstrated how Soviet courts and criminologists explained and handled crimes committed by females, revealing, in the process, profound ambiguities and contradictions in their attitudes towards women. However, unlike Kowalsky and Healey, I focus on an earlier period (1917–1922) and make extensive use of the under-researched archival collections of Petrograd’s local judicial institutions (People’s Courts), drawing on materials such as investigatory reports and court proceedings. Focusing on a 1919 criminal case from the Central State Archive of St. Petersburg (Tsentral’nyi gosudarstvennyi arkhiv Sankt-Peterburga, TsGA SPb) in particular, this paper argues that in the volatile setting of the early Soviet courtroom 'female criminality' was not a clear-cut concept, but rather a malleable product of intense negotiations that involved all legal actors and centered around the contested notions of female subjectivity, socialist ideology, and the material conditions of living. Employing quasi-theatrical language, I first introduce the protagonists and describe the background of this criminal case. Then, I look at the litigation strategies that the two main female defendants employed and the different ways in which they highlighted the material embeddedness of their emotions. Finally, I examine the expressions of remorse and reflect on their role in sentencing within the wider context of the ongoing Russian Civil War and the early Soviet legal reforms. By viewing 'female criminality' as a product of open-ended negotiations and by re-emphasizing the material conditions of revolutionary Petrograd, the article provides a new perspective on gender, crime and the administration of justice in that turbulent period.
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CHILDERS, KRISTEN STROMBERG. "GENDER IN MODERN EUROPE: CRIME AND VIRTUE Gender and crime in modern Europe. Edited by Margaret L. Arnot and Cornelie Usborne. London: UCL Press, 1999. Pp. xv+288. ISBN 1-85728-746-0. £14.99. Breaking the codes: female criminality in fin-de-siècle Paris. By Ann-Louise Shapiro. Stanford: Stanford University Press, 1996. Pp. vi+265. ISBN 0-8047-2693-0. £10.95. Reign of virtue: mobilizing gender in Vichy France. By Miranda Pollard. Chicago: University of Chicago Press, 1998. Pp. xxi+285. ISBN 0-226-67350-2. £15.95." Historical Journal 45, no. 4 (December 2002): 953–65. http://dx.doi.org/10.1017/s0018246x02002765.
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The past decade has seen a virtual explosion in scholarship about issues of gender in the history of modern Europe. Historians have taken up topics from the fall of Louis XVI during the Revolution to the role of women in fascism to demonstrate the pivotal importance that matters of sexual difference have made in shaping politics, culture, and society in the last centuries. Scholars have realized that interpretations of class dynamics, work relations, collective action, and nations at war, for example, look considerably different and are far more complex when attention is paid to gender. Where the study of women in the past was once relegated to the backwaters, now courses on women's history and gender have taken a permanent place in most university curricula. Histories that include women have moved from ‘her-story’ (crudely, the history of individual women and their accomplishments) to analyses that use gender as an interpretative prism through which to view larger social and political transformations.The three books under review participate in this larger movement toward integrating the perspectives of gender into major issues of European history that have been researched by historians before, but from a standpoint that these authors find lacking. Margaret Arnot and Cornelie Usborne, as editors of a collection of essays on gender and crime, wish to correct some of the assumptions about women and crime that have been ignored by historians who focus mostly on more historically conspicuous male criminals. Ann-Louise Shapiro uses the trials of criminal women in late nineteenth-century Paris as ‘lightning rods’ that illuminate the social, political, and cultural conflicts of the fin-de-siècle.